C. Malcolm Cochran, IV

Director

For more than 25 years, Mike Cochran has focused his practice on the litigation and trial of complex business and other civil disputes. He is a skilled advocate who has represented a wide variety of clients, ranging from multinational and publicly traded companies to local Delaware businesses and institutions. His clients have also included directors, officers and members of Delaware entities, state and local governments, prominent public figures, estates and individuals.

Mike has substantial experience in the Delaware Court of Chancery, the Delaware Superior Court and the United States District Court for the District of Delaware. Recently, he has been engaged in a series of cases involving complex trade secret and restrictive covenant claims. Mike has litigated a wide range of other complex business disputes, injury and death claims, civil rights claims, and many more.

Honored with several awards for his work on behalf of Delaware’s abused and neglected children, Mike is committed to pro bono work and serves as chair of the firm’s Pro Bono and Community Service Committee. He also heads the Litigation Department’s Commercial and Business Litigation Group.

Speakman v. Williams: Defense of former City of Wilmington Fire Chief Willie Patrick in a highly publicized Delaware District Court case involving complex constitutional claims arising from the deaths of three, and injuries to multiple, Wilmington firefighters in the September 2016 Canby Park fire.

Incyte Corporation v. Flexus Biosciences: Representation in the Delaware Superior Court’s Complex Commercial Litigation Division of a biosciences company and its founders, in the defense of trade secret and related claims exceeding $1 billion. The claims involved complex drug development issues relating to the development of cancer immunotherapy medication.

For more than 25 years, Mike Cochran has focused his practice on the litigation and trial of complex business and other civil disputes. He is a skilled advocate who has represented a wide variety of clients, ranging from multinational and publicly traded companies to local Delaware businesses and institutions. His clients have also included directors, officers and members of Delaware entities, state and local governments, prominent public figures, estates and individuals.

Mike has substantial experience in the Delaware Court of Chancery, the Delaware Superior Court and the United States District Court for the District of Delaware. Recently, he has been engaged in a series of cases involving complex trade secret and restrictive covenant claims. Mike has litigated a wide range of other, complex business disputes, injury and death claims, civil rights claims, and many more.

Honored with several awards for his work on behalf of Delaware’s abused and neglected children, Mike is committed to pro bono work and serves as chair of the firm’s Pro Bono and Community Service Committee. He also heads the Litigation Department’s Commercial and Business Litigation Group.

Speakman v. Williams: Defense of former City of Wilmington Fire Chief Willie Patrick in a highly publicized Delaware District Court case involving complex constitutional claims arising from the deaths of three, and injuries to multiple, Wilmington firefighters in the September 2016 Canby Park fire.

Incyte Corporation v. Flexus Biosciences: Representation in the Delaware Superior Court’s Complex Commercial Litigation Division of a biosciences company and its founders, in the defense of trade secret and related claims exceeding $1 billion. The claims involved complex drug development issues relating to the development of cancer immunotherapy medication.

Floyd v. Markell: Defense of former Delaware Governors Jack Markell and Ruth Ann Minner, along with various cabinet officials, in highly publicized civil rights litigation arising from the 2017 prison riot at the James T. Vaughn Correctional Center. This Delaware District Court case involved complex constitutional claims arising from the death of a correctional officer and injuries to other corrections employees.

McDole v. City of Wilmington: Defense in Delaware District Court of high-profile civil rights litigation brought against the City of Wilmington and four of its police officers by the estate and relatives of Jeremy McDole, who was shot when officers believed he was drawing a weapon as they attempted to take him into custody. The case received intense local and national media coverage.

Michael Spinks v. Estate of Ronald E. “Butch” Lewis: Representation of the estate of internationally known boxing promoter Butch Lewis in the defense of claims brought in the Delaware Court of Chancery by former heavyweight champion Michael Spinks alleging breach of fiduciary duty and conversion.

Teleglobe Communications Corp. v. BCE: Representation of subsidiaries of a major international telecommunications provider in the litigation of claims brought in the Delaware District Court and Bankruptcy Court relating to parent’s decision to withdraw funding from controlled subsidiaries. Case involved claims nearing $1 billion, and produced an appeal to the Third Circuit Court of Appeals that resulted in a precedent-setting opinion on attorney-client privilege issues in the context of joint parent and subsidiary representations.

Hale v. City of Wilmington: Representation of the City of Wilmington and its police officers in a highly publicized civil rights case filed in the Delaware District Court, involving complex constitutional claims arising from the death of an individual as he was being taken into police custody.

Occupy Delaware v. City of Wilmington: Representation of the City of Wilmington in the defense of civil rights claims brought in the Delaware Court of Chancery by the ACLU on behalf of Occupy Delaware, over the occupation of Peter Spencer Plaza in the City of Wilmington.

Frontier Oil Corp. v. Holly Oil Corp: Representation of petroleum refiner in claims brought in the Delaware Court of Chancery arising from the alleged breach of a merger agreement. Case focused on the interpretation of a material adverse change provision in the merger agreement and on the doctrine of repudiation under Delaware law.

DeBakey Corp. v. Raytheon Service Co.: Defense of joint venture partner in claims exceeding $50 million arising from failed venture for the development and sale of telemedicine systems. Case was tried in the Court of Chancery, resulting in a defense verdict.

Chesapeake Corp. v. Shore: Representation of plaintiff in Delaware Chancery Court trial of claims arising from corporate control contest where defendants were found to have wrongfully adopted defensive measures in an effort to ward off corporate takeover.

Emerald Partners v. Berlin: Representation of plaintiff in Delaware Chancery Court trial of claims for breach of fiduciary duty arising from a merger, resulting in Delaware Supreme Court decisions further defining the fiduciary duties of directors under Delaware law.

Special Board Committees: Representation of a special litigation committee formed to investigate stock option vesting and related claims arising from the failed merger of two multinational telecommunications companies; representation of other special committees formed to investigate claims of misconduct by corporate officers and directors.

Harden and City of Wilmington v. Christina School District: Representation of the City of Wilmington and individual plaintiffs in a Delaware Chancery Court case that resulted in the issuance of an injunction preventing school district from closing its elementary schools in the City of Wilmington.

Keefe Commissary Network, LLC v. The Delaware Department of Correction: Representation of commissary and financial services contractor in bid dispute with the Delaware Department of Corrections. This Chancery Court litigation forced a re-bid of the contract at issue.

Christiana Care: Representation of Delaware’s largest hospital system and subsidiaries in various matters, including AAA arbitrations of disputes with health benefits providers, peer review proceedings, emergency guardianship and malpractice matters.

Townsend Fire Company v. VFIS: Representation of local fire company in Delaware Superior Court case seeking insurance coverage for damages resulting from the collapse of its fire hall during blizzard of 2010.

Speakman v. Williams: Defense of former City of Wilmington Fire Chief Willie Patrick in a highly publicized Delaware District Court case involving complex constitutional claims arising from the deaths of three, and injuries to multiple, Wilmington firefighters in the September 2016 Canby Park fire.

Incyte Corporation v. Flexus Biosciences: Representation in the Delaware Superior Court’s Complex Commercial Litigation Division of a biosciences company and its founders, in the defense of trade secret and related claims exceeding $1 billion. The claims involved complex drug development issues relating to the development of cancer immunotherapy medication.

Floyd v. Markell: Defense of former Delaware Governors Jack Markell and Ruth Ann Minner, along with various cabinet officials, in highly publicized civil rights litigation arising from the 2017 prison riot at the James T. Vaughn Correctional Center. This Delaware District Court case involved complex constitutional claims arising from the death of a correctional officer and injuries to other corrections employees.

McDole v. City of Wilmington: Defense in Delaware District Court of high-profile civil rights litigation brought against the City of Wilmington and four of its police officers by the estate and relatives of Jeremy McDole, who was shot when officers believed he was drawing a weapon as they attempted to take him into custody. The case received intense local and national media coverage.

Michael Spinks v. Estate of Ronald E. “Butch” Lewis: Representation of the estate of internationally known boxing promoter Butch Lewis in the defense of claims brought in the Delaware Court of Chancery by former heavyweight champion Michael Spinks alleging breach of fiduciary duty and conversion.

Teleglobe Communications Corp. v. BCE: Representation of subsidiaries of a major international telecommunications provider in the litigation of claims brought in the Delaware District Court and Bankruptcy Court relating to parent’s decision to withdraw funding from controlled subsidiaries. Case involved claims nearing $1 billion, and produced an appeal to the Third Circuit Court of Appeals that resulted in a precedent-setting opinion on attorney-client privilege issues in the context of joint parent and subsidiary representations.

Hale v. City of Wilmington: Representation of the City of Wilmington and its police officers in a highly publicized civil rights case filed in the Delaware District Court, involving complex constitutional claims arising from the death of an individual as he was being taken into police custody.

Occupy Delaware v. City of Wilmington: Representation of the City of Wilmington in the defense of civil rights claims brought in the Delaware Court of Chancery by the ACLU on behalf of Occupy Delaware, over the occupation of Peter Spencer Plaza in the City of Wilmington.

Frontier Oil Corp. v. Holly Oil Corp: Representation of petroleum refiner in claims brought in the Delaware Court of Chancery arising from the alleged breach of a merger agreement. Case focused on the interpretation of a material adverse change provision in the merger agreement and on the doctrine of repudiation under Delaware law.

DeBakey Corp. v. Raytheon Service Co.: Defense of joint venture partner in claims exceeding $50 million arising from failed venture for the development and sale of telemedicine systems. Case was tried in the Court of Chancery, resulting in a defense verdict.

Chesapeake Corp. v. Shore: Representation of plaintiff in Delaware Chancery Court trial of claims arising from corporate control contest where defendants were found to have wrongfully adopted defensive measures in an effort to ward off corporate takeover.

Emerald Partners v. Berlin: Representation of plaintiff in Delaware Chancery Court trial of claims for breach of fiduciary duty arising from a merger, resulting in Delaware Supreme Court decisions further defining the fiduciary duties of directors under Delaware law.

Special Board Committees: Representation of a special litigation committee formed to investigate stock option vesting and related claims arising from the failed merger of two multinational telecommunications companies; representation of other special committees formed to investigate claims of misconduct by corporate officers and directors.

Harden and City of Wilmington v. Christina School District: Representation of the City of Wilmington and individual plaintiffs in a Delaware Chancery Court case that resulted in the issuance of an injunction preventing school district from closing its elementary schools in the City of Wilmington.

Keefe Commissary Network, LLC v. The Delaware Department of Correction: Representation of commissary and financial services contractor in bid dispute with the Delaware Department of Corrections. This Chancery Court litigation forced a re-bid of the contract at issue.

Christiana Care: Representation of Delaware’s largest hospital system and subsidiaries in various matters, including AAA arbitrations of disputes with health benefits providers, peer review proceedings, emergency guardianship and malpractice matters.

Townsend Fire Company v. VFIS: Representation of local fire company in Delaware Superior Court case seeking insurance coverage for damages resulting from the collapse of its fire hall during blizzard of 2010.